Motion List released on: December 24, 2018
By Dillon, J.P.; Miller, Lasalle and Iannacci, JJ.MATTER of Alexander D. Gregor, etc., res, v. Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Suffolk County Local 852, Southampton Unit 875600, appellant-res, Town of Southampton, res-res — The appellant-respondent having appealed to this Court from an order of the Supreme Court, Suffolk County, dated October 17, 2016, and the respondent-appellant having cross-appealed from the same order, the appellant-respondent having perfected the appeal on May 15, 2017, and the respondent having filed his brief on July 19, 2017, the matter was placed on this Court’s calendar for October 15, 2018. On October 12, 2018, counsel for the appellant-respondent submitted a stipulation dated October 11, 2018, signed by the parties’ respective counsel, withdrawing the appeal. On October 15, 2018, counsel for the appellant-respondent submitted a stipulation dated October 11, 2018, signed by the parties’ respective counsel, withdrawing the appeal and cross appeal. By order to show cause dated October 25, 2018, the parties or their counsel were directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 1250.2(c) as this Court may deem appropriate.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Vitale and Levitt, P.C., counsel for the appellant-respondent, is directed to pay a sanction in the sum of $250 to the Lawyers’ Fund for Client Protection of the State of New York; and it is further,ORDERED that within 10 days after payment of the sanction, Vitale & Levitt, P.C., shall file proof of payment with the Clerk of this Court; and it is further,ORDERED that Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Suffolk County Local 852, Southampton Unit 875600, is directed to pay a sanction in the sum of $250, and shall deposit the sum of $250 with the Clerk of this Court for transmittal to the Commissioner of Taxation and Finance (see 22 NYCRR 130-1.1[b]; 130-1.3), within 20 days after service of a copy of this decision and order on motion upon its counsel; and it is further,ORDERED that the Clerk of this Court, or her designee, is directed to serve counsel for the parties with a copy of this decision and order on motion.22 NYCRR 1250.2 (c) provides, in pertinent part, that “[t]he parties or their attorneys shall immediately notify the court when there is a settlement of a matter or any issue therein or when a matter or any issue therein has been rendered moot … Any such notification shall be followed by an application for appropriate relief. Any party or attorney who, without good cause shown, fails to comply with the requirements of this subdivision may be subject to the imposition of sanctions” (22 NYCRR 1250.2[c]). Here, in or about December 2017, the appellant-respondent and the respondent-appellant executed a memorandum agreement remaining in effect until execution of a successor bargaining agreement, which would render the issues on appeal academic. However, the appellant-respondent did not notify its counsel of the memorandum agreement and imminent execution of the successor bargaining agreement until October 4, 2018, after the matter was placed on this Court’s calendar for October 15, 2018. Further, the appellant-respondent’s counsel failed to notify the Court until October 11, 2018, that the appeal was being withdrawn and did not submit a stipulation withdrawing the appeal until October 12, 2018. Thus, under the circumstances, sanctions in the amount set forth above are warranted.DILLON, J.P., MILLER, LASALLE and IANNACCI, JJ., concur.
